Punjab

Ludhiana

CC/22/302

Ajay Singh - Complainant(s)

Versus

Sahara Credit Cooperative Society Ltd - Opp.Party(s)

Ajay chawla Adv

13 Feb 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, LUDHIANA.

                                                Complaint No: 302 dated 28.07.2022                                             

           Date of decision: 13.02.2023. 

 

Ajay Singh son of Sh.Narayan Singh resident of Ram Ji Acro Mill, Machhiwara Road, Rahian, Kohara, Ludhiana. Pin-201003. VaidRavi12@gmail.com                                                                                             ..…Complainant

                                                Versus

1.Sahara Credit Cooperative Society Limited, having its registered office at Sahara India Bhawan, 1, Kapoorthala, Complex, Aliganj, Lucknow, Uttar Pradesh-226024 through it Chairman/President/Authorized Representative.

2.Sahara Credit Cooperative Society Limited having its authorized centre at Sahara India Pariwar F.C.Office, 4372, Ground Floor, Swarn Complex, Gaispur Road, Lohara, Ludhiana through its Branch Manager/Authorized representative.

                                                                                      …..Opposite parties 

Complaint Under Section 35 of the Consumer Protection Act.

QUORUM:

SH. SANJEEV BATRA, PRESIDENT

SH. JASWINDER SINGH, MEMBER

 

COUNSEL FOR THE PARTIES:

For complainant            :         Sh. Ajay Chawla, Advocate.

For OPs                         :         Exparte.

 

ORDER

PER SANJEEV BATRA, PRESIDENT

1.                Briefly stated, the facts of the case are that in the month of June 2018, the agent of the opposite parties approached the complainant and allured him to deposit his savings with them representing that the opposite parties is a big company and are providing best financial services in the market and if the complainant chooses to avail their services, he would certainly be able to have a secured financial future for himself and for his family members. Acting upon and induced by the repeated assurance of the opposite parties, the complainant invested a sum of Rs.1,71,751/- with the opposite parties and they issued three certificates i.e.certificate No.715000246339 having account No.43727800348 and membership No.43721900143, certificate No.715000246741 having account No.76897800278 and membership No.76891900175, certificate No.787002142164 having account No.43727200815 and membership No.43271800445 in  favour of the complainant wherein it was mentioned that the complainant would get the total maturity amount of Rs.2,25,398/- on 23.03.2022, 25.04.2022 and 30.12.2019 respectively. On the completion of the maturity period, the complainant approached the opposite parties to release the agreed maturity amount along with interest but initially they kept the matter pending on one pretext and another. The agreed amount along with interest was not disbursed despite complainant’s repeated requests and visits to the office of the opposite parties. Therefore, the complainant filed the present complaint asserting that the act and conduct of the opposite parties amounts in deficiency of service and further prayed for refund of the amount of Rs.1,71,751/- along with interest and compensation to the tune of Rs.5,00,000/- on account of mental agony, harassment and distress. The complainant also claimed litigation expenses.

2.                Notice of the complaint was issued to the opposite parties through registered post on 11.08.2022 but none turned up for the opposite parties and as such, the opposite parties were proceeded against exparte vide order dated 13.10.2022.

3.                In evidence, the complainant tendered his affidavit as Ex. CA and reiterated his averments of the complaint. The complainant also placed on record copy of Adhar card as Ex. C1 and also tendered the certificates No. certificates No.715000246339, 715000246741 and 787002142164issued by the opposite parties as Ex. C2 to Ex. C4 and closed the evidence.

4.                We have heard the counsel for the complainant and also gone through the complaint, affidavit and documents annexed by the complainant.

5.                In his affidavit Ex. CA, the complainant has reiterated the entire case as set forth in the complaint. The complainant has further proved on record the copy of certificates Ex. C2 to Ex. C4 issued by the opposite parties against the amount of Rs.97,734/-, Rs.6017/- and Rs.68,000/- respectively invested by the complainant with them. It is unrebutted evidence on record that the maturity amount of aforesaid certificates of Rs.2,25,398 i.e. Rs.1,37,316/-, Rs.8454/- and Rs.79,628/- against the certificate Ex.C2 to Ex.C4 which were matured on 23.03.2022, 25.04.2022 and 30.12.2019 has not been refunded to the complainant by the opposite parties. This amounts to deficiency of service on the part of OPs. Moreover, the OPs do not seem to have any valid reason for not paying the maturity amount of aforesaid certificates as they did not choose to contest the claim of the complainant and were proceeded against exparte. In these circumstances, the complainant is entitled to get the maturity amount of Rs.2,25,398/- against the certificates Ex.C2 to Ex.C4 with interest @8% per annum from the date of maturity of the aforesaid certificates i.e. 23.03.2022, 25.04.2022 and 30.12.2019 till date of actual payment along with composite costs and compensation of Rs.10,000/- from the OPs.

6.                As a result of above discussion, the complaint is allowed exparte with an order that the opposite parties shall be jointly and severally liable to pay the total maturity amount of Rs.2,25,398/-  against the certificates Ex.C2 to Ex.C4 issued by them along with interest @8% per annum from the date of maturity of the aforesaid certificates i.e.23.03.2022, 25.04.2022 and 30.12.2019 till date of actual payment. The opposite parties shall further pay a composite compensation of Rs.10,000/- (Rupees Ten Thousand only) to the complainant. Compliance of order be made within 30 days from the date of receipt of copy of the order. Copies of order be supplied to parties free of costs as per rules. File be indexed and consigned to record room.

 

                   (Jaswinder Singh)                                (Sanjeev Batra)                                                     Member                                      President         

 

Announced in Open Commission.

Dated:13.02.2023.

Gurpreet Sharma